RFP # 06-04-18

1

PEWITT CONSOLIDATED Date 05/18/2018 INDEPENDENT SCHOOL DISTRICT BUSINESS OFFICE 1330 U.S. HWY 67 W P.O. Box 1106 Omaha, Texas 75571

(903) 884-2804 / FAX (903) 884-2866

REQUEST FOR PROPOSALS

INTERCOM SYSTEM RFP # 06-04-18 PROPOSAL RESPONSE FORM

Please respond to Bid/Proposal by: Monday, June 4, 2018 at 2:00 p.m., Local Time

Company Name: Delivery Date/Terms:

Authorized Rep.: Email Address:

Title: Phone:

Signature: Fax:

Buyer: Pewitt Consolidated Independent School District

I. GENERAL CONDITIONS

1. SUBMISSION, MODIFICATION, AND WITHDRAWAL OF RFP a. Submission - The offeror should propose his/her lowest and best price, F.O.B.

destination, on each item. All proposals, whether delivered by hand or mail,

are due in sealed envelopes endorsed with RFP # 06-04-18 no later than

Monday, June 4, 2018 at 2:00 p.m. Local Time at the District’s Business Office

located at 1330 U.S. HWY 67 W, P.O. Box 1106, Omaha, Texas, 75571. Responses

sent by overnight mail shall have “ I n t e r c o m S y s t e m R F P ” written on

the delivery ticket. Proposal must be signed by an authorized agent of the vendor

that has authority to bind the vendor contractually. Please submit one (1) original

and one (1) unbound copy of all required documents as listed on the Submittal

Checklist, including the Proposal Response Form and Scope of

Work/Specification Form. For catalog proposals provide one (1) catalog with your

submission and if awarded, be prepared to supply additional catalogs upon request.

Proposals may not be faxed or e-mailed. b. Modification - No response may be changed, amended, or modified, after the

same has been submitted or filed in response to this solicitation, except for

obvious errors in extension. These modifications must be made by written notice

in accordance with original submission terms. Modifications or withdrawal of a

proposal by the successful Proposer will be accepted only if the change is in the

best interest of the DISTRICT and executed in writing.

c. Withdrawal/Resubmission - A proposal may be withdrawn and resubmitted by

written notice received by the Business Office prior to the exact hour and date

specified on the proposal. A proposal may also be withdrawn in person by a

RFP # 06-04-18

2

vendor or an authorized representative, provided his/her identity is made known

and he/she signs a receipt for the proposal, but only if the withdrawal is

made prior to the exact hour and date set for the receipt of proposals. Resubmissions

may be done in accordance with the original submission terms in paragraph A above.

d. Offer - This proposal is a firm offer which shall be irrevocable and open for

acceptance for calendar days (60 calendar days unless otherwise specified) from

the date set for submission of bids/proposals.

e. PCISD reserves the right to reject any or all bids or proposals and to waive any

informality. b. Any reference within the following pages of this document to bid, Request for

Proposal (RFP), Competitive Sealed Proposal (CSP) could be technically

inaccurate but should be construed to mean and are used interchangeably as the

designated legal method of procurement listed at the top of this page.

2. LATE PROPOSAL Proposals must be in the Business Office prior to the closing date and time. NO LATE

PROPOSALS WILL BE ACCEPTED for any reason. All proposals delivered will be

stamped with the date and time as proof they were received. The date and time in the

Business Office shall be the official time of receipt. If a proposal is received after the

stated date and time, it will be considered late and will not be opened. These proposals

will be considered late and returned unopened. If a return address is not provided on

the envelope, a late bid will be opened for identification purposes only and returned

to the address provided within.

3. COSTS INCURRED IN RESPONDING

All costs directly or indirectly related to the preparation of a proposal in response to this

RFP or clarify the proposal shall be the sole responsibility of and borne by the REP

incurring such costs. The District will not reimburse any REP for any cost incurred in

the preparation, submission, or negotiation of a proposal.

4. AWARD DATE

It is anticipated that a recommendation for this bid will be submitted at the next regularly

scheduled Board of Trustees meeting taking into consideration internal timelines for

submission.

5. ALL OR SOME PROPOSALS Proposers are requested to make a proposal on all of the items in the Proposal Form or Scope

of Work/Specifications Form. However, partial proposals will be considered.

6. OPENING OF PROPOSAL

Proposals will be publicly opened at the Business Office immediately after the date and time

proposals are due. The District will read proposer’s names. Proposers are invited to be

present at the opening of this proposal on the above date and hour.

7. APPLICABILITY

These conditions are applicable and form a part of the contract document and are

RFP # 06-04-18

3

part of the terms and conditions of each purchase order (standard purchase terms

and conditions) issued as a result of this proposal. The selected proposer will receive a

Notice of Award with a contract that must be signed by the awarded proposer in accordance

with specified timelines. If proposer has their own contract, they are to provide a copy of

that contract for evaluation by the District and may require final evaluation and

determination by the District’s legal counsel. Any deviations to these general conditions

and/or specifications shall be conspicuously noted in writing by the Proposer and shall be

included with the proposal. The successful proposer will not begin services or deliver

product without a purchase order signed by an authorized representative of the Pewitt

Consolidated Independent School District and fully signed contract. The district will

neither be responsible nor make payment for any goods delivered or services

performed without a valid purchase order fully executed contract.

8. DETERMINING AWARD / EVALUATION OF PROPOSAL

The District shall evaluate the proposal based on criteria as provided in the Texas

Education Code

§44.031(b).

a. the purchase price - 30 point weight; b. the reputation of the vendor and of the vendor’s goods or services - 15 point weight; c. the quality of the vendor’s goods or services - 15 point weight; d. the extent to which the goods or services meet the district’s needs - 20 point weight;

e. the vendor’s past relationship with the district - 10 point weight;

f. the impact on the ability of the district to comply with laws and rules relating to

historically underutilized businesses - 0 point weight;

g. the total long-term cost to the district to acquire the vendor’s goods or services - 5 point

weight;

h. Residency: for a contract for goods and services, other than goods and services related to

telecommunications and information services, building construction and maintenance, or

instructional materials, whether the vendor or the vendor’s ultimate parent company or

majority owner;

(A) has its principal place of business in this state; or

(B) employs at least 500 persons in this state;

3 point weight;.and

i. any other relevant factor(s) specifically listed in the request for bids or proposal (i.e.

delivery terms, safety records, certifications/licenses) - 2 point weight.

Consideration may also be given to any additional information and comments if they

increase the benefits to the DISTRICT. The Proposer must provide relevant information

for the items above that will enable the District to evaluate the Proposer for each category.

9. RESPONDENT’S ACCEPTANCE OF EVALUATION METHODOLGY Submission of a proposal indicates respondent’s acceptance of the evaluation criteria and respondent’s recognition that some subjective judgments must be made by the DISTRICT during the evaluations.

RFP # 06-04-18

4

10. QUALIFICATION OF PROPOSER The DISTRICT may make investigations deemed necessary to determine the

qualifications and/or ability of the Proposer to perform in accordance with the bid/proposal

terms and conditions specified herein. The Proposer shall furnish to the DISTRICT all

such information as the DISTRICT may request. The DISTRICT reserves the right to

reject any Proposal if the Proposer fails to satisfy the DISTRICT that such Proposer is

properly qualified to carry out the obligations of the contract.

11. DISQUALIFICATION OF PROPOSER – Reasons that shall disqualify

Proposers shall be disqualified and their responses not considered for any of the following

reasons:

a. Failure to submit proposal by required date and time

b. Failure to submit required documents as specified on Submittal Checklist.

c. Failure to submit prices in accordance with “All or Some”/ “All or None” criteria as

specified in #5, above. d. Failure to abide by Non-Collusion Statement as specified in # 37, below. e. Any pertinent information coming to the attention of the District resulting in

material legal matters.

12. DISQUALIFICATION OF PROPOSER - Reasons that may disqualify

Proposers may be disqualified and their responses not considered for any of the following

reasons:

a. Reason for believing collusion exists among Proposers.

b. Reasonable grounds for believing that any Proposers have interest in more than one

proposal or bid wherein there may be a conflict of interest.

c. The Proposer being interested in any litigation against the Board or PCISD.

d. The Proposer being in arrears on any existing contract or having defaulted on

a previous contract.

e. The Proposer being delinquent on any property taxes due to the District.

f. Failure to demonstrate competency as revealed by any required financial statement,

experience or equipment questionnaire, or omission or falsification of required

proposal submittals on this or prior procurements, etc.

g. Failure to demonstrate financial ability to fund the projects on an interim basis as

revealed by a financial statement, financial records, bank references, etc.

h. Current or uncompleted work, which, in the judgment of the District, will prevent

or hinder the timely completion of additional work, if awarded.

i. Failure to comply with applicable laws relevant to contracts with school districts.

j. Other information or circumstances which establish reasonable grounds for belief that

the proposer is not a “responsible proposer.

13. INSURANCE REQUIRMENTS

The contractor must provide a certificate of coverage to the District prior to being

awarded the contract. Proposer may be disqualified for not providing this required

document.

RFP # 06-04-18

5

A copy of a certificate of insurance, a certificate of authority to self-insure issued by the

Texas Department of Insurance (TDI), or a coverage agreement (TWCC-81, TWCC-82,

TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage

for the person's or entity's employees providing services on a project is required for the

duration of the project.

Duration of the project includes the time from the beginning of the work on the project

until the contractor's/person's work on the project has been completed and accepted by the

governmental entity. Persons providing services on the project ("subcontractor" in Texas

Labor Code 406.096) include all persons or entities performing all or part of the services

the contractor has undertaken to perform on the project, regardless of whether that person

contracted directly with the contractor and regardless of whether that person has

employees. This includes, without limitation, independent contractors, subcontractors,

leasing companies, motor carriers, owner-operators, employees of any such entity, or

employees of any entity that furnishes persons to provide services on the project.

Services include, without limitation, providing, hauling, or delivering equipment or

materials, or providing labor, transportation, or other service related to a project. Services

do not include activities unrelated to the project, such as food/beverage vendors, office

supply deliveries, and delivery of portable toilets.

The contractor shall provide coverage, based on proper reporting of classification codes

and payroll amounts and filing of any coverage agreements, which meets the statutory

requirements of Texas Labor Code 401.011(44) for all employees of the contractor providing

services on the project for the duration of the project.

If the coverage period shown on the contractor's current certificate of coverage ends during

the duration of the project, the contractor must, prior to the end of the coverage period,

file a new certificate of coverage with the governmental entity showing that coverage has

been extended.

The contractor shall retain all required certificates of coverage for the duration of the

project and for one year thereafter.

The Contractor shall agree to waive all right of subrogation against the District, its

officials, employees and volunteers for losses arising from work performed by

contractor for the District.

The following are the types of coverage and acceptable limits that shall be maintained:

a. Worker’s Compensation Insurance - documentation of insurance will be required

prior to the work beginning. If applicable, the contractor shall procure and maintain

during the life of this agreement Worker’s Compensation Insurance in accordance

with the Workers’ Compensation Act of the State of Texas and forwarded as

evidence to the Pewitt Consolidated Independent School District that it is in force.

RFP # 06-04-18

6

b. Comprehensive General Liability in the following minimum amounts:

i. General Aggregate $1,000,000.00 ii. Products-Comp/Ops Aggregate $1,000,000.00 iii. Personal & Advertising Injury $1,000,000.00 iv. Each Occurrence $500,000.00

The Comprehensive General Liability Insurance must include liability coverage for

bodily injury, personal injury (including employment related suits), independent

contractor, blanket contractual, product, fire, medical expense, and complete

operations.

c. Comprehensive Automobile Liability Insurance in the following minimum

amounts:

i. Bodily Injury: $100,000.00 per person

ii. Bodily Injury: $300,000.00 per accident

iii. Property Damage: $100,000.00 per accident

14. BONDS (Performance and Payment)

The contractor must provide a certificate of coverage to the District prior to being

awarded the contract. Proposer may be disqualified for not providing this required

document.

The successful proposer must provide to PCISD a payment bond. The amount of the payment

bond shall be equal to one hundred percent (100%) of the Contract Sum with a surety or

sureties authorized to conduct an insurance business in the State of Texas and licensed, listed,

and approved by the State of Texas to issue surety bonds in the State, and otherwise

acceptable to the Owner. The surety or sureties shall be listed as an approved surety by the

U.S. Treasury Department. Notwithstanding anything herein to the contrary, all bonds shall

conform to the requirements of Chapter 2253, Texas Government Code, as amended. The

bond shall be written on forms approved for use by Owner and shall be attached to and made

a part of the Contract. 0

A payment bond required by this Paragraph #14 shall be signed by an agent resident in the

State of Texas and the date of the bond shall be the date of execution of the contract.

15. WARRANTY

Warranty conditions for all supplies and/or equipment shall be considered manufacturer’s

minimum standard warranty unless otherwise agreed to in writing. The District does

not waive or limit any warranties, either expressed or implied, as to any services, products

or goods made the subject of this bid. Failure to provide such information may be cause for

rejection of the proposal.

RFP # 06-04-18

7

16. IMPLIED AND EXPRESS WARRANTIES

The implied warranty of merchantability and implied warranty of fitness for a particular

purpose shall apply to all purchases initiated by this procurement process. The proposer

shall assume all liabilities incurred within the scope of consequential damages and

incidental exposures as set forth in the Uniform Commercial Code (as adopted in the

State of Texas) which result from either delivery or use of a product which does not meet

specifications within this document. The warranty conditions as stated herein shall be

approximate and shall not be nullified, voided or altered in any way by the inclusion of

the proposer’s pre-printed forms with this document. The workmanship and material

specified in this bid/proposal shall be fully guaranteed for a minimum period of one year

from date of delivery and/or acceptance of work.

17. TITLE TO EQUIPMENT

All freight is to be assumed by the proposer. No additional charges will be accepted. Title

to goods and materials will not pass to the DISTRICT until installed and incorporated in the

Project and officially accepted by the PCISD.

18. IDENTICAL PROPOSALS In the event of tie proposals, the DISTRICT, shall select by the casting of lots or award

may be made to multiple vendors.

19. DISTRICT EXPRESSLY RESERVES THE RIGHT TO THE FOLLOWING:

a. RIGHT OF AWARD - The DISTRICT reserves the right to make an award as is

in its best interest and may consider and accept an alternate proposal when most

advantageous to PCISD.

b. RIGHT TO REJECT PROPOSALS AND WAIVE INFORMALITIES - The

DISTRICT reserves the right to reject or cancel any and all proposals, waive any

defect, irregularity or informality in any proposal or RFP procedure, waive minor

deviations from specifications for goods or services at a lower price than other proposals

meeting all aspects of the specifications if it is determined that the total cost is lower and

overall function is not impaired, and to choose the proposal that is most advantageous

and provides the best value for the District.

c. RIGHT TO HOLD PROPOSALS - The DISTRICT reserves the right to hold

proposals for 60 days before awarding the contract.

d. RIGHT TO AMEND REQUEST FORPROPOSAL - The DISTRICT reserves

the right to amend the REQUEST FOR PROPOSAL prior to proposal opening

date. The DISTRICT may also consider and accept an alternate proposal as

provided herein when most advantageous to the DISTRICT.

e. RIGHT OF NEGOTIATIONS – The DISTRICT reserves the right to conduct

discussions and negotiate final scope and price.

f. RIGHT TO CANCEL CONTRACT – PCISD has the right to terminate or cancel

the contract issuing as a result of this procurement process for cause or no cause (for

convenience) with a thirty-day written notice. In that event, the successful proposal

will be entitled only to the actual cost of the work up to the date of termination. The

successful proposer will not be entitled to any other damages or compensation of any

kind as a result of a termination or cancellation of the contract.

RFP # 06-04-18

8

g. NO EXCLUSIVITY – This is not an exclusive award and no guaranteed volumes

of purchases are guaranteed. PCISD reserves the right to procure any items or

services by other means at the sole discretion of PCISD.

20. LIST PRICE OR DISCOUNT PERCENT

For list price proposals, the price shall be fixed for the entire contract period.

For discount percentages, the discount percent shall be applied on a fixed per-unit price. The

fixed per- unit price shall be fixed for a specified period of time, at least quarterly. The

discount percentages shall be for the contract period specified. If the per-unit price will

fluctuate at the quarterly intervals, proposer must disclose the maximum increases being

proposed.

21. ALTERNATE PRODUCTS AND METHODS/SUBSTITUTIONS

The showing or mentioning in these specifications of certain trade products and methods is

done partly for the purpose of establishing a standard of quality. The mentioning of trade

names does not imply that the mentioned products are the only ones that will receive

approval or consideration. Please submit name of product of each item proposed.

Substitutions from the brand(s) proposed will not be accepted unless approved in writing

by the Purchasing Director. Samples of possible substitution items may be requested at

that time.

22. AVAILABILITY OF FUNDS

All awards are subject to approval upon availability of funds. In the event funds do

not become available, the contract may be terminated with a written notice.

23. SALES TAX EXEMPTION

The DISTRICT qualifies for exemption of the Texas limited sales, excise and use tax; sales

tax will not be charged on these purchases.

24. REBATES/PROMOTION ITEMS

If a rebate is offered by the manufacturer of a proposal item(s) after proposal is awarded, the

successful proposers will advise the DISTRICT and deduct the rebate from the proposal

price. If a special promotion is offered by the vendor, the vendor must clearly disclose the

criteria for earning the promotion. All promotions shall be coordinated with the Business

Office directly.

25. INSPECTION OF PROPOSAL ITEM(S)

The proposal item(s) will be inspected upon arrival and upon installation. All defects will

be repaired or replaced at the expense of the successful proposer.

26. SUBSTITUTIONS

The use of brand names and catalog numbers does not prohibit the substitution of other brands

of equal or greater quality, unless "no substitute or only" is specified in the PROPOSAL.

All substitutions must meet or exceed specifications to be acceptable. The make, model, and

description of all substitutions must be listed by specified item. FAILURE OF THE

RFP # 06-04-18

9

VENDOR TO COMPLY WITH THESE SPECIFICATIONS MAY, AT THE

OPTION OF THE DISTRICT DISQUALIFY THAT PORTION, OR THE ENTIRE

BID, FROM CONSIDERATION. THE DISTRICT RESERVES THE RIGHT TO

DISALLOW ANY SUBSTITUTIONS, IN WHOLE OR IN PART.

27. SAM PLES

Samples, when requested, must be furnished at no cost to the District. If not destroyed during

examination, they will be returned to the bidder/proposer upon request, at the company's

expense. Each sample, when requested, should be clearly marked with the bidder's name

and item number on the bid/proposal. DO NOT ENCLOSE IN OR ATTACH

BID/PROPOSAL TO SAMPLE.

28. INVOICING

Invoices must be addressed to the Accounts Payable Dept. at the above address.

Payment of undisputed amounts on a properly submitted invoice will usually be made

within the time specified by the Texas Prompt Payment Act. If an invoice is not properly

submitted, the District will not be responsible for late and/or finance charges.

29. TERMINATION BY DISTRICT For Cause - The DISTRICT shall have the right to terminate for default all or any part of

the contract or purchase order issuing from this procurement process if the successful

proposer breaches any of the terms hereof, including warranties, or if the contractor

becomes insolvent or files a petition in bankruptcy. Such right of termination is in addition

to and not in lieu of any other remedies which PCISD may have in law or equity, specifically

including, but not limited to, the right to collect for damages or demand specific

performance. The DISTRICT may also terminate the contract or purchase order for

unsatisfactory service performance. Additionally, PCISD may terminate the contract and

debar the successful proposer from future participation in competitive procurement for

violations of the federal requirements including, but not limited to, “Contract Work Hours

and Safety Standards Act”, “Equal Employment Opportunity Act”, and “Energy Policy and

Conservation Act.”

Without Cause - The DISTRICT may terminate all or any part of the contract or purchase

order issuing from this procurement process at will, for cause or no cause, with 30-days

written notice to the awarded proposer. Termination hereunder shall be effected by the

delivery to the awarded proposer a “Notice of Termination” specifying the date upon which

such termination becomes effective. Waiver of the right to terminate at will at any time does

not affect the right of the District to terminate the contract at will at another time and does not

affect the right of the District to terminate under any other provision of the contract.

Delinquent Property Taxes - Proposer affirms that it does not currently owe or is not

otherwise indebted to the Pewitt Consolidated Independent School District for adjudicated

delinquent property taxes. The Pewitt Consolidated Independent School District reserves

the right to reject a proposal if the Proposer is currently indebted to the Pewitt Consolidated

Independent School District for delinquent taxes and reserves the right to terminate a

contract if the successful Proposer subsequently becomes delinquent. The Pewitt

RFP # 06-04-18

10

Consolidated Independent School District further reserves the right to deduct any

delinquent taxes owed from payments that the aforementioned school district may owe to

the successful Proposer under the awarded contract.

30. CERTIFICATION OF PAYMENT Payment by the DISTRICT will be made in accordance with the terms of the contract.

31. COMPLIANCE WITH LAWS

a.) The successful proposer shall comply with all laws, rules, regulations, and ordinances

of the State of Texas, the County of Morris, and the City of Omaha, Texas relating to

the contract awarded as a result of this procurement process, and the successful proposer

shall comply with all requirements of the Pewitt Consolidated Independent School

District regulating or applying to the performance of the awarded contract.

b.) The successful proposer agrees not to discriminate against any employee or applicant

for employment to be employed in the performance of this agreement, with respect to

hire, tenure, terms, conditions and privileges of employment, or a matter directly or

indirectly related to employment, because of age (except where based on a bona fide

occupational qualification) or race, color, religion, national origin, or ancestry. The

successful proposer further agrees that every subcontract entered into for the

performance of this agreement will contain a provision requiring non-discrimination

in employment of each subcontractor. Breach of this covenant may be regarded as a

material breach of the agreement.

c.) The successful proposer shall procure and maintain during the life of this agreement

Workers’ Compensation Insurance in accordance with the Workers’ Compensation Act

of the State of Texas, adequately protecting all labor employed by the successful

proposer during the life of this agreement and shall provide evidence to the Pewitt

Consolidated Independent School District that such insurance is, in fact, in force. All

Certificates of Insurance shall be forwarded to the Business Office of the Pewitt

Consolidated Independent School District.

d.) When applicable, the successful proposer shall comply with OSHA safety rules and any

other safety guidelines and standards as required by the Pewitt Consolidated

Independent School District.

32. FELONY CONVICTION NOTIFICATION

A person or business entity that enters into a contract with the DISTRICT shall notify the

DISTRICT if the person or an owner or operator of the business entity has been convicted

of a felony. Such notice shall include a general description of the conduct resulting in the

conviction. Failure to provide such information may result in termination of the contract.

Vendors shall complete and submit the “Felony Conviction Notification” included with

this packet in the Required Forms.

33. CONFLICT OF INTEREST

No member or spouse of the board, president, superintendent, business manager or any

other person holding any position or employment under said board, shall be directly or

indirectly interested in a purchase, sale, business, work or contract, the expense, price or

consideration of which is paid from school funds of said district, nor shall any such

RFP # 06-04-18

11

officer or employee purchase any warrants or claims against said board of district, or any

interest herein, or become surety for any person or persons having a contract or any kind

of business with said board, for the performance of which security may be required.

Anyone violating this provision shall be removed from office, or be discharged from

services by the majority of the board. No member of said board shall vote upon any

question in which such member has an interest, distinct and apart from that of the citizens

at large, and any member shall disclose such interest and refrain from voting. All

interested parties shall comply with Board Policy BBFA (LEGAL), Conflict of Interest

Disclosures; and, if applicable (for members of the Board and Superintendent), complete

and submit Exhibit found at BBFA (EXHIBIT). Also, please refer to The Texas Ethics

Commission website at http://www.ethics.state.tx.us/ for more information.

Additionally, an employee interested in responding to this proposal shall disclose to his or

her immediate supervisor a personal financial interest, a business interest, or any other

obligation or relationship that in any way creates a potential conflict of interest with the

proper discharge of assigned duties and responsibilities or that creates a potential conflict

of interest with the best interest of the District, Board Policy DBD (LOCAL).

34. INDEPENDENT CONTRACTOR Nothing herein shall be construed as creating the relationship of employer or employee

between the Pewitt Consolidated Independent School District and the contractor/vendor

or between the Pewitt Consolidated Independent School District and the

contractor's/vendor's employees. The contractor/vendor is an independent contractor and

nothing contained herein shall constitute or designate the contractor/vendor or any of his

employees as employees of the Pewitt Consolidated Independent School District.

35. GENERAL ETHICAL STANDARDS Gratuities - It is a breach of ethics to offer, give or agree to give any employee or former

employee of a school district, or for any employee or former employee of a school district

to solicit, demand, accept or agree to accept from another person, a gratuity or an offer

of employment in connection with any decision, approval, disapproval, recommendation,

preparation of any part of a program requirement or purchase request, influencing the

content of any specification or procurement standard, rendering of advice, investigation,

auditing, or in any other advisory capacity in any proceeding or application, request for

ruling, determination, claim or controversy, or other particular matter pertaining to any

program requirement or a contract or subcontract, or to any solicitation or proposal

therefore pending before this government. Acceptance of gratuities may be construed as a

criminal offense.

Kickbacks - It is a breach of ethics for any payment, gratuity or offer of employment to be

made by or on behalf of a subcontractor under a contract to the prime contractor or higher

tier subcontractor for any contract of a school district, or any person associated therewith,

as an inducement for the award of a subcontract or order.

The prohibition against gratuities and kickbacks prescribed above will be conspicuously set

forth in the District’s contract resulting from this procurement process.

RFP # 06-04-18

12

36. NON-COLLUSION STATEMENT

The proposer affirms that he/she is duly authorized to execute a contract, that this company,

corporation, firm, partnership or individual has not prepared this proposal in collusion with

any other Proposer, and that the contents of this proposal as to prices, terms or conditions

of said proposal have not been communicated by the undersigned nor by any employee

or agent to any other person engaged in this type of business prior to the official opening

of this proposal. The proposer also affirms that they have not given; offered to give, do not

intend to give at any time hereinafter any economic opportunity, future employment, gift,

loan, gratuity, specified discount, trip, favor, or service to a private service in connection

with this contract. Proposer further affirms that after the opening of this proposal, proposer

(or any representative of proposer’s company) will not discuss the contents of this proposal

with any person affiliated with PEWITT CISD, other than the Business Manager, the

Superintendent of Schools, the Director of Operations, the Proposal Evaluation Committee,

or their Designee, prior to the awarding of this proposal. Failure to observe this

procedure will cause the proposal to be rejected.

37. INDEMNIFICATION PROVISION The written contract executed between the successful respondent and PEWITT CISD will

contain an indemnification provision in which the successful respondent agrees to

DEFEND, INDEMNIFY, AND HOLD PEWITT CISD HARMLESS FROM AND

AGAINST ANY AND ALL LOSS, EXPENSE, COST OR LIABILITY ARISING FROM

ANY CLAIM OR CAUSE OF ACTION FOR LOSS OR DAMAGE INCLUDING

REASONABLE COSTS, COLLECTIONS EXPENSES, AND ATTORNEYS’ FEE

INCURRED, WHICH ARISE BY REASON OF THE ACTS OR OMISSIONS OF THE

SUCCESSFUL PROPOSER, ITS AGENTS OR EMPLOYEES RELATING TO

RESPONDENT’S PERFORMANCE OF SERVICES OR THE GOODS MADE THE

SUBJECT OF THIS PROPOSAL. PEWITT CISD will not indemnify the successful

proposer.

38. GOVERNING LAW AND VENUE This RFP award, and any resulting contract or business transaction, shall be governed by and

interpreted in accordance with the laws of the State of Texas without regard to its conflict of

laws or choice of law principles. It is understood and agreed by both the successful proposer

and the DISTRICT that venue for any disputes or litigation arising out of this RFP award and

any resulting contract or business transaction shall be in the state district court(s) of Morris

County, Texas. The contractor/vendor understands and agrees that the above general

proposal specifications are terms and conditions of the contract between the Pewitt

Consolidated Independent School District and the contractor/vendor. These general

proposal specifications and terms and conditions shall control and govern in the event of any

conflict with any other terms and conditions submitted by the contractor/vendor.

39. PROPOSAL INTERPRETATION

No interpretation to the meaning of this RFP or other documents will be given orally. Every

request will be in writing, addressed to the Business Office, and must be received at least

five days prior to the date fixed for the opening of the bids. Any and all such

RFP # 06-04-18

13

interpretations and supplemental instructions will be in the form of written addenda to

this RFP, which if issued, shall be provided to all known prospective proposers. Failure

of any proposer to receive any such addenda or interpretations shall not relieve such

proposer from any obligation under his proposal as submitted. All addenda so issued shall

become part of the contract document.

40. RIGHT TO AUDIT CLAUSE

The District upon written notice shall have the right to audit all documents relating to

all projects. Records subject to audit shall include, but not be limited to records which may

have a bearing on matters of interest to the District in connection with the Vendor’s work

for the District and shall be open to inspection and subject to audit and/or reproduction

by the District’s agents or its authorized representative to the extent necessary to

adequately permit evaluation and verification of (a) Vendor’s compliance with contract

requirements (b) compliance with District procurement policies and procedures (c)

compliance with provisions for computing billings to the District and (d) any other matters

related to the contract between the District and the successful proposer. Additionally, in

accordance with TEC 44.031 (c) the state auditor may audit purchases of goods or services

by the District.

41. NO ARBITRATION CLAUSE

There will be no agreement for binding arbitration in any written contract between

PEWITT CISD and successful proposer relating to any dispute involving the services,

products or goods made the subject of this RFP or the response to it.

42. NO LIMITATION OF LIABILITY REMEDIES OR DAMAGES

PEWITT CISD will not contractually agree to limit in any manner either Respondent’s

potential liability or PEWITT CISD’s potential remedies or damages relating to or arising

from any potential dispute between the parties or relating to the services, products or goods

made the subject of this proposal.

43. OTHER INFORMATION

Failure to respond to this proposal in writing may result in your removal from our

proposer/bid list. Proposals received after the time and date specified will not be considered

and will be returned to the proposer unopened.

Vendors may keep one copy of this proposal for their files.

Questions regarding this RFP may be directed by U.S. mail, facsimile or e-mail to

the following:

Dr. Andy Reddock Pewitt CISD 1330 U.S. HWY 67 W

P.O. Box 1106

Omaha, Texas 75571

RFP # 06-04-18

14

Fax: (903) 884-2866

E-mail: areddock@pewittcisd.net

Proposals are due no later than Monday, June 4, 2018, 2:00 p.m. Local Time at the

District’s Administration Office located at 1330 U.S. HWY 67 W, Omaha, Texas 75571

in a sealed envelope and marked as such:

“Intercom System RFP”

RFP # 06-04-18

15

II. BID / PROPOSAL PROCESS OVERVIEW

1. The bids/proposals are released to the potential bidders.

2. Deadline for submitting the Bids/Proposals.

3. The Pewitt Consolidated Independent School District reviews all Bids/Proposals

and selects the Bids/Proposals reasonably qualified for selection of award.

4. The Pewitt Consolidated Independent School District and bidder(s) enter into

discussions, negotiations, and revisions of Proposals as necessary.

5. A recommendation to the Pewitt Consolidated Independent School District

Board of Trustees for Bid/Proposal award.

6. The Bid/Proposal is executed with the successful proposer.

RFP # 06-04-18

16

NON-COLLUSION STATEMENT

"The undersigned affirms that they are duly authorized to execute this contract, that this

company, corporation, firm, partnership, or individual has not prepared this bid/proposal in

collusion with any other Bidder/Proposer, and that the contents of this bid/proposal as to prices,

terms, or conditions of said bid/proposal have not been communicated by the undersigned nor

by any employee or agent to any other person engaged in this type of business prior to the official

opening of this bid/proposal."

Vendor:

Address:

Email Address:

Phone:

Fax:

Proposer Name (Print):

Proposer Signature:

Proposer Title / Position:

Company Official Signature:

Company Official Name (Print):

RFP # 06-04-18

17

DEBARMENT AND SUSPENSION CERTIFICATE CERTIFYING STATEMENT

In accordance with Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017,

Section 3017.510 the contractee certifies that neither it nor its principals are presently debarred,

suspended, proposed for debarment, declared ineligible, or voluntarily excluded from

participation in this transaction by any Federal Department or Agency.

Vendor:

Address:

Email Address:

Phone:

Fax:

Company Official Signature:

Company Official Name (Print):

Company Official Title:

RFP # 06-04-18

18

NOTICE OF “NO BID” FORM

Dear Vendor:

If at this time your company will be submitting a NO BID for this bid/proposal please check the

appropriate box below, complete the remainder of this form, and return this form only to the address

listed below PRIOR to the scheduled DATE and TIME.

Our company cannot provide the products, supplies, and/or services listed in this request.

Please MOVE our name and address to the following category(ies) so that we may submit a

proposal at a later date.

Category(ies):

We have chosen NOT to submit a bid/proposal at this time but would like to remain on your

list for this category. We did not submit a bid/proposal because:

Reason(s):

Please REMOVE our name from all Pewitt CISD lists until further notice. Reason(s):

Company Name:

Address:

Phone:

Fax:

Email Address:

Representative:

Authorized Signature:

Please return this form to: PEWITT CISD

NOTICE OF "NO BID"

1330 U.S. HWY 67 W

OMAHA, TEXAS 75571

VENDORS WHO RESPOND TO THIS INVITATION WITH A COMPLETED BID/PROPOSAL

FORM WILL REMAIN ON OUR MAILING LIST. VENDORS MAKING NO RESPONSE AT

ALL MAY BE REMOVED FROM THAT LISTING.

RFP # 06-04-18

19

CERTIFICATION BY CORPORATE OFFEROR

To PEWITT CONSOLIDATED ISD

IF OFFEROR IS A CORPORATION, THE FOLLOWING CERTIFICATE SHOULD BE

EXECUTED AND INCLUDED AS PART OF PROPOSAL FORM/PROPOSAL FORM.

OFFEROR:

(Name of Corporation)

I, certify that I am the Secretary of ___________________________________________

(Name of Corporate Secretary)

the Corporation named as OFFEROR herein above; that

_____________________________________

(Name of person who completed proposal document)

who signed the foregoing proposal on behalf of the corporation offeror is the authorized

person that is acting as

_________________________

(Title/Position of person signing proposal/offer document within the corporation)

of the said Corporation; that said proposal/offer was duly signed for and in behalf of said

corporation by authority of its governing body, and is within the scope of its corporate

powers.

CORPORATE SEAL

SIGNATURE

DATE

RFP # 06-04-18

20

FELONY CONVICTION NOTICE

Statutory citation covering notification of criminal history of contractor is found in the Texas

Education Code #44.034. Following is an example of a felony conviction notice:

State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History,

Subsection (a), states “a person or business entity that enters into a contract with a school district

must give advance notice to the district if the person or an owner or operator of the business entity

has been convicted of a felony. The notice must include a general description of the conduct

resulting in the conviction of a felony.”

Subsection (b) states “a school district may terminate a contract with a person or business entity if

the district determines that the person or business entity failed to give notice as required by

Subsection (a) or misrepresented the conduct resulting in the conviction. The district must

compensate the person or business entity for services performed before the termination of the

contract.”

THIS NOTICE IS NOT REQUIRED OF A PUBLICLY-HELD CORPORATION

Complete only one of the three below: A or B or C.

I, the undersigned agent for the firm named below, certify that the information concerning

notification of felony convictions has been reviewed by me and the following information

furnished is true to the best of my knowledge.

Official:________________________________________________________________________

Print Authorized Company Official’s Name

A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable.

Signature of Authorized Company Official: ___________________________________

B. My firm is not owned nor operated by anyone who has been convicted of a felony:

Signature of Authorized Company Official: ___________________________________

C. My firm is owned or operated by the following individual(s) who has/have been convicted of a

felony:

Name of Felon(s): __________________________________________________________

Details of Conviction(s): ____________________________________________________

_________________________________________________________________________

Signature of Authorized Company Official: ___________________________________

RFP # 06-04-18

21

Notice to Vendors Conflict of Interest

Disclosure Statements Texas Local

Government Code, Chapter 176

Vendors are required to file a Conflict of Interest Questionnaire (Form CIQ) with the District if an

employment or business relationship or family relationship exists between the vendor and a local

government officer (“LGO”) of the District or a family member of the LGO. THERE ARE

POTENTIAL CRIMINAL PENALTIES FOR FAILURE TO COMPLY WITH TEX. LOCAL

GOVT. CODE CHAPTER 176. Certain terms used herein are defined in Chapter 176. Vendors are

encouraged to review and become familiar with all disclosure requirements of Chapter 176 and Form CIQ.

The information contained herein is for information purposes only and shall not be construed as legal advice.

"Vendor" means a person who enters or seeks to enter into a contract with a local governmental entity.

The term includes an agent (including an employee) of a vendor.

A vendor is required to file a completed Form CIQ if the vendor has a business relationship with

Pewitt Consolidated ISD (the “District”) and:

1. has an employment or other business relationship with a Local Government Officer (“LGO”) of

the District, or a family member of the LGO; 2. has given a LGO of the District, or a family member of the LGO, one or more gifts that have the

aggregate value of more than $100 in the 12-month period specified in Loc. Govt. Code Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

3. has a family relationship with a LGO of the District.

Form CIQ must be filed with the appropriate District records administrator:

1. Not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the District; or (B) submits to the District an application, response to a request for proposals or bids,

correspondence, or other writing related to a potential contract with the District; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a LGO, or a family member of the

LGO; (B) that the vendor has given one or more gifts described above; or (C) of a family relationship with a LGO.

2. The vendor also shall file an updated completed questionnaire (Form CIQ) not later than the

seventh business day after the date on which the vendor becomes aware of an event that would

make a statement in the questionnaire in complete or inaccurate

Local Government Officers (LGOs) of the Pewitt Consolidated Independent School District, as of May 23, 2018, include:

1. Members of the Pewitt Consolidated ISD Board of Trustees: A list of board members can be

found on the District’s website at www.pewittcisd.net

2. Superintendent of Schools: Dr. Andy Reddock

3. An agent (including an employee) of Pewitt Consolidated ISD who exercises discretion in the

planning, recommending, selecting, or contracting of a vendor.

If you are required to file a Conflict of Interest Questionnaire (Form CIQ), send the

completed form to Dr. Andy Reddock, Pewitt Consolidated Independent School District, 1330 US

Highway 67 West, Omaha, Texas 75571.

RFP # 06-04-18

22

Texas Education Code Chapter 22 Contractor Certification for Contractor Employees

Introduction: Texas Education Code Chapter 22 requires entities that contract with school

districts to provide services to obtain criminal history record information regarding covered

employees. Contractors must certify to the district that they have complied. Covered employees

with disqualifying criminal histories are prohibited from serving at a school district.

Definitions: Covered employees: Employees of a contractor or subcontractor who have or will

have continuing duties related to the service to be performed at the District and have or will have

direct contact with students. The District will be the final arbiter of what constitutes direct

contact with students. Disqualifying criminal history: Any conviction or other criminal history

information designated by the District, or one of the following offenses, if at the time of the

offense, the victim was under 18 or enrolled in a public school:

(a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is

required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c)

an equivalent offense under federal law or the laws of another state.

On behalf of ("Contractor"), I certify that

[check one below]:

[ ] None of the employees of Contractor and any subcontractors are covered employees, as

defined above. If this box is checked, I further certify that Contractor has taken precautions or

imposed conditions to ensure that the employees of Contractor and any subcontractor will not

become covered employees. Contractor will maintain these precautions or conditions throughout

the time the contracted services are provided.

Or

[ ] Some or all of the employees of Contractor and any subcontractor are covered employees.

If this box is checked, I further certify that:

(1) Contractor has obtained all required criminal history record information regarding its covered

employees. None of the covered employees has a disqualifying criminal history.

(2) If Contractor receives information that a covered employee subsequently has a reported

criminal history, Contractor will immediately remove the covered employee from contract duties

and notify the District in writing within 3 business days.

(3) Upon request, Contractor will provide the District with the name and any other requested

information of covered employees so that the District may obtain criminal history record

information on the covered employees.

(4) If the District objects to the assignment of a covered employee on the basis of the covered

employee's criminal history record information, Contractor agrees to discontinue using that

covered employee to provide services at the District.

RFP # 06-04-18

23

Noncompliance or misrepresentation regarding this certification may be grounds for contract

termination.

Company name_________________________________________________________________

Printed name of Company Representative:

Signature Date

RFP # 06-04-18

24

RFP # 06-04-18

25

RFP # 06-04-18

26

SCOPE OF WORK / PROPOSAL SPECIFICATIONS

Pewitt CISD is looking to replace 2 existing Dukane Legacy Systems, 1 at the High School and 1

at the Jr. High, with 1 new Carehawk by Dukane Intercom System (or equal or comparable

system) that will serve both campuses and work with all existing speakers. This RFP also

requires the installation of an additional 11 speakers. 8 of which speakers will be located at the

Field House. 3 of those 8 will be inside exposed-type ceiling speakers, 2 will be inside lay-in

type ceiling speakers, 2 will be outside wall mounted paging horns, and 1 will be an inside wall

mounted paging horn. 2 more outside wall mounted paging horns will be installed at the High

School Ag Shop. The last of the 11 additional speakers is to be located at the Elementary

playground and would be an outside wall mounted paging horn.

The intercom system, must have features that offer emergency notification, ability to page all

rooms at once, page single rooms and have the ability to communicate to the office from

classrooms.

Specifics of intercom system IP base / Hybrid Be able to create zone for paging Be able to have multiple bell schedules Intergrade wall mount clocks Two-way communication from classrooms to office Provide emergency notification Background music

RFP # 06-04-18

27

SUBMITTAL CHECKLIST

Proposal Response

Non-Collusion Statement

Felony Conviction Notice

Certification by Corporate Offeror

Debarment & Suspension Certificate Certifying Statement

Notice of “No Bid” form, if applicable

Conflict of Interest Questionnaire

Criminal Background Check Form, if applicable

Certificate(s) of Insurance, if applicable

Bonds (Performance & Payment), if applicable

Catalogue(s), if applicable

1 Original and 1 unbound copy (RFP)

1 Original and 1 unbound copy Request for Qualifications (RFQ)

Other: